ABHISHEK MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. ECONOMIC STATISTICS DIV. STATE PLANNING INST. AND 2 OTHERS
WRIA/1513/2025 · 2025-03-05
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121454 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121454 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 6 Case :- WRIT - A No. - 1513 of 2025 Petitioner :- Abhishek Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Economic Statistics Div. State Planning Inst. And 2 Others Counsel for Petitioner :- Arjun Singh Kalhans,Ramesh Chandra Gupta,Yogesh Gupta Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,S M Singh Royekwar Hon'ble Alok Mathur,J.
1. Heard Sri Arjun Singh Kalhans, learned counsel for the petitioner as well as learned Standing Counsel for the respondent no. 1 and Sri S.M. Singh Royekwar, learned counsel appearing for respondent no. 2 and 3. 2. It has been submitted by learned counsel for the petitioner that the petitioner had participated in the selection process held in pursuance to advertisement dated 19.09.2011, for the posts of Assistant Statistical Officer and Assistant Research Officer (Statistics) and at the time of filling up application form, petitioner has stated that he is fully eligible for the posts inasmuch as the petitioner has Advanced Diploma in Computer Application (ADCA), which is equivalent to ‘O’ level certificate. 3. The petitioner appeared in the written examination on 22.05.2022 and was declared successful and thereafter he was called for document verification. The petitioner duly appeared in the document verification and produced all the documents and by means of impugned order dated 19.10.2024, his candidature was rejected on the ground that petitioner does not fulfill eligibility conditions required for 1
appointment on the posts of Assistant Statistical Officer and Assistant Research Officer (Statistics), inasmuch as he does not has computer related minimum educational qualification and his case was also examined by a special Committee constituted in this regard, which has also rejected his candidature. 4.
4. It is further submitted by learned counsel for the petitioner that qualification for the aforesaid posts have been stated in the advertisement in Clause IV, which reads as under :- ß4- vfuok;Z vgZrk ¼”kSfZ{kd½ & mi;ZqDr lkj.kh & 1 esa mfYyf[kr lgk;d lkaf[;dh; vf/kdkjh ,oa lgk;d “kks/k vf/kdkjh ¼lkaf[;dh½ ds fjDr inksa ij HkrhZ ds fy, vH;FkhZ dks fuEufyf[kr vfuok;Z vgZrk,a ¼”kSf{kd o vU;½ vkosnu dh vafre frfFk rd /kkfjr djuk vifjgk;Z gS& ¼1½ & vfuok;Z vgZrk & ¼”kSf{kd½ ¼1½ & Hkkjr esa fof/k }kjk Lfkkfir fdlh fo”ofo?kky; ls xf.kr lk xf.krh; lkaf[;dh ;k okf.kT; ;k vFkZ”kkL= lk lkaf[;dh esa LukRdksRrj mikf/k ;k ljdkj }kjk blds led{k ekU;rk izkIr dksbZ vgZrkA ¼2½ & Mh0vks0bZ0,0lh0lh0 lkslkbVh }kjk iznku fd;k x;k daI;qVj esa Þvksß Lrjh; fMIyksek ;k fdlh ekU;rk izkIr fo”ofo?kky;@laLFkk ls daI;qVj foKku esa de ls de ,d o’kZ dk fMIyksekA ¼3½ & nsoukxjh fyfi esa fgUnh dk KkuA ¼2½ & vf/kekuh vgZrk & vU; ckrksa ds leku gksus ij ,sls vH;FkhZ dks lh/kh HkrhZ ds ekeys esa vf/keku fn;k tk,xk] ftlus & ¼1½ & izknsf”kd lsuk esa U;qure nks o’kZ dh vof/k rd lsok dh gks ;k ¼2½ & jk’Vªh; dSMsV dksj dk Þchß izek.ki= izkIr fd;k gksAß
5. According to the aforesaid eligibility condition as mentioned in Clause IV(1)(2), where it has been provided that either certificate of 2
‘O’ level issued by DOEACC or any certificate issued from any recognized University or Institution in Computer Science with minimum one year Deiploma would be required by a person to be eligible for appointment on the aforesaid posts. 6. The petitioner had appended a certificate of Advance Diploma in Computer Applications (ADCA) issued from Avadh Institute of Computer Application And Science Technology (Affiliated with AICAST Society having Registration No. F-17771/04, Under Regd. C.R. Act Ministry of HRD (Deptt. Of Higher & Secondary Education), Govt. of India, New Delhi), annexed as Annexure – 6 to the writ petition. In the said certificate it has been stated that the said Institute is affiliated with AICAST Society, which clearly demonstrates that aforesaid certificate does not fulfill the eligibility condition laid down in the advertisement inasmuch as said certificate has not been issued by the DOEACC nor by any recognized University or Institution. 7.
It is submitted by learned counsel for the petitioner that his certificate has been issued by the National Institute of Electronics and Information Technology (NIELIT), which was previously known as DOEACC Society and was issued in July, 2024. 8. Undisputedly, said certificate has been issued much subsequent to participation of petitioner in the aforesaid examination and hence cannot be considered as valid certificate fulfilling the eligibility criteria for appointment on the said posts. Perusal of the advertisement issued by the respondents indicates that all the documents have to be submitted by the last date i.e. 16.10.2019, and certainly all the eligibility conditions as prescribed should have been possessed by a candidate on the last date of submission of documents. Any 3
qualification obtained by a candidate after the cutoff date cannot be considered as a valid certificate for appointment in pursuance to the advertisement issued on 19.09.2019. 9. In the light of above, this Court does not find any infirmity in the
order dated 19.10.2024, rejecting the candidature of the petitioner.
10. For the reasons stated aforesaid, the writ petition being devoid of merits is dismissed.
Order Date :- 5.3.2025 A. Verma (Alok Mathur) 4 Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench